We continue to examine complex issues related to the distinction between capital and current repairs of the common property of premises owners in apartment buildings. Today read about what type of repair includes façade insulation and restoration of its thermal protection in accordance with regulations and judicial practice.
Current and major repairs: are they mutually exclusive?
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Concept of facade reconstruction
Work on the facades of buildings can be of a major or cosmetic nature, which will directly affect the need and procedure for approval of these works in the authorized services and departments. Reconstruction implies an increase or decrease in area, height or number of floors, volume of an object or individual parts, etc. Facade work can be carried out both as part of a general project for the reconstruction of a building, and in the form of independent actions with the external parts of the facility.
As a rule, reconstruction involves carrying out work within the line of the external boundaries of the building, indicated on the technical plan of the facility and other documentation. The facade represents the line of the external boundaries of the property, therefore most work to change its characteristics requires coordination with authorized services. According to the rules of the Town Planning Code of the Russian Federation, the reconstruction of an object is carried out on the basis of a construction permit.
Legally and in simple language
The legal definition of reconstruction of real estate is recorded in Part 14 of Art. 1 of the Town Planning Code of the Russian Federation, it also applies to similar work on building facades. Any type of reconstruction involves changing the parameters of an object or its parts, as well as the quality characteristics of engineering and technical equipment. Based on the characteristics of the type of work under consideration, the reconstruction of facades is characterized by the following nuances:
- if the work affects load-bearing structures and creates a potential threat to the safety of the building, a construction permit must be obtained to implement the project;
- if the facade work project involves cosmetic repairs on the external walls or elements of the building, a building permit is not required;
- certain types of facade work that are not included in the lists of regulations do not require approval from authorized bodies (for example, in the capital, since 2011, approval has not been carried out for the installation of external air conditioners on the facade of a building).
Thus, if the planned work involves changes in load-bearing structures (walls, floors, foundations, etc.), they pose a threat to the integrity and safety of the facility. Their implementation will be carried out on the basis of a construction permit under the control of state and municipal departments.
Also, during reconstruction, a change in the appearance of the object may occur (change in the color characteristics of the facade, etc.). Since buildings within the city must meet general architectural and artistic requirements for appearance, approval in this area will take place through the Art Council of the Moscow Architecture Committee. Moscow's unified architectural policy consists of reviewing and agreeing on design documentation and architectural solutions.
Current repairs are preventive, prevent wear of structures and eliminate minor damage
Disputes about what is current and what is major repairs of the common property of an apartment building are a typical situation today. Owners, management organizations and regional operators for major repairs are constantly finding out who, what and for what money should repair apartment buildings, especially in old housing stock.
The Ministry of Construction of the Russian Federation, in letter No. 7026-AS/08 dated February 27, 2018, tried to distinguish between the concepts of two repairs of common property:
- The current one is the elimination of minor faults identified during the daily operation of the house, in which the element practically does not go out of service, its technical characteristics do not change.
- Capital is the restoration of the lost original technical characteristics of the house element as a whole, while its main technical and economic indicators remain unchanged.
According to clause 18 of RF PP No. 491, current repairs are considered preventive and consist of systematically carried out work by the management authority to prevent wear of structures, as well as work to eliminate minor damage and malfunctions.
Despite the many definitions of current and major repairs, disputes on this issue between the management authority, the owners and the bodies of the State Housing Authority do not stop. For example, we talked about a case in which the question was considered whether the repair of the blind area of a house is a major overhaul or is carried out at the expense of the current one.
Today we are looking into the question of what to include insulating the façade of an apartment building.
How is a major overhaul different from a reconstruction?
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Opinion of the Ministry of Regional Development on the reconstruction of facades
To safely carry out work at capital construction sites, a reconstruction project must be developed and agreed upon. With regard to these types of work on building facades, Order of the Ministry of Regional Development of the Russian Federation No. 624 formulates a requirement for mandatory engineering surveys and preparation of design documentation for:
- cladding the surface of external walls of buildings with natural and artificial stones and linear shaped stones;
- installation of ventilated facades.
For residential and non-residential real estate
To reconstruct the facade of a residential property (for example, an apartment building), it is necessary not only to draw up and approve design documentation, but also to obtain the consent of the owners of residential premises. This consent is included in the mandatory set of documents for approval of the project for work. D
Carrying out work on the reconstruction of premises and facades of residential buildings creates a potential threat to citizens, therefore, in order to positively approve the design documentation, a technical report from an expert organization is drawn up. Its key characteristics include:
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- the document contains the results of an inspection of building structures associated with the performance of facade work for their safety;
- the document includes the original plans of walls and facades, as well as plans indicating design solutions;
- the technical report is issued by an organization that has SRO approval.
For the reconstruction of non-residential buildings, approval is much simpler; regulations of the Moscow Government do not provide for the requirement to submit a positive technical conclusion. However, this does not eliminate the obligation to coordinate the design of façade works with the Moscow City Architecture Committee and approve the act of completed reconstruction.
Expert commentary. The general list of documents for approval of reconstruction, if it requires obtaining a construction permit, is regulated by the Town Planning Code of the Russian Federation. On the territory of Moscow, compliance with the unified architectural and artistic appearance of the city is controlled by the Moskomarkhitektura (Committee for Architecture and Urban Planning of the City of Moscow).
Deadlines for consideration of applications
The processing time for tenant complaints is 20 working days. This applies to claims that are sent in writing. It is possible to submit a complaint electronically. To do this, you need to fill out a special form on the Management Company website. With this method of submission, the review period should be no more than 5 days.
But many experts do not recommend sending claims electronically. Such a complaint will have the status of an appeal. And this relieves the management company of responsibility for taking measures to fulfill the stated requirements.
The deadline for responding to an application to the housing and communal services must be strictly observed. If the Criminal Code violates them and delays in responding, the applicant has the right to contact the Housing Inspectorate. The complaint must be accompanied by a sample application that was sent to the Management Company.
Opinion of the cadastral chamber and Rosreestr
If during the reconstruction of buildings, including work on facades, a change in the parameters of the building occurs (for example, an increase in its volume due to the arrangement of balconies, an increase in the number of floors, etc.), after agreeing on the final act, a technical plan is prepared followed by a cadastral registration in the Unified State Register of Real Estate. The nuances of conducting cadastral registration for various types of reconstruction work are regulated by the following acts:
- letter of the Ministry of Economic Development of the Russian Federation and the Federal State Budgetary Institution "FKP Rosreestr" dated 07/08/2013 No. 08-2135-KL;
- letter of the Ministry of Economic Development of the Russian Federation and the Federal State Budgetary Institution "FKP Rosreestr" dated June 26, 2013 No. 08-0906-NS.
These documents establish recommendations for conducting cadastral registration of certain types of reconstruction work, including on building facades.
Based on the content of these acts, the following nuances can be highlighted:
- cadastral registration is carried out on the basis of a technical plan and an act of the acceptance committee of the local government authority;
- if, during the preparation of the technical plan, the cadastral engineer identifies a discrepancy between the parameters of the object and the requirements of the design documentation, he is obliged to state them in his conclusions;
- if during the work the external boundaries and purpose of the object do not change, cadastral registration is carried out on the basis of an application and a technical plan.
Based on the results of cadastral registration, copyright holders are issued an extract from the state register of the Unified State Register of Real Estate, after which the reconstruction is considered officially legalized.
Expert commentary . These letters are of a recommendation nature. However, in practice, they are used by Rosreestr officials when conducting cadastral registration. For this reason, the provisions of the letters of the Ministry of Economic Development and the Federal State Budgetary Institution "FKP Rosreestr" will also be taken into account by cadastral engineers when preparing technical documentation.
How to write an application to the management company for repairs: instructions, sample
Residents, like no one else, are familiar with the condition of the house.
Therefore, in most cases they are the ones who initiate repairs. They can present their requirements through an application to the management company. How to properly prepare a document? What legal grounds can support such an appeal? And what exactly is the management company that is responsible for maintaining the house obliged to do? Dear readers! Our articles talk about typical ways to resolve legal issues, but each case is unique.
If you want to find out how to solve your particular problem, please use the online consultant form on the right or call. It's fast and free!
Possible difficulties during coordination
It must be taken into account that it is much more difficult to legitimize actually completed façade work than to follow the standard version of document preparation. When preparing the initial project and technical report, all requirements of urban planning standards and regulations for the work will be taken into account, which will eliminate the possibility of refusal of approval.
At the stage of drawing up the technical plan, the conditions for carrying out the work included in the content of the project documentation are checked. The cadastral engineer is obliged to outline any identified inconsistencies in his conclusion, which will create problems when receiving the acceptance commission act. In this case, successful completion of the cadastral registration procedure will be impossible.
An expert organization that is accredited and authorized by an SRO has the right to carry out all types of work on the preparation of project documentation. In this case, the customer will avoid adverse consequences at all stages of approval. However, it is tedious to take into account that any deviation from the project will require re-approval and issuance of new permits.
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What kind of repair work can you expect?
An apartment building is a huge structure in which various components may require repairs.
Entrance
The statement may mention Part 1 of Art. 161 of the Housing Code of the Russian Federation, which states that the management organization must provide favorable and safe conditions . And point out the problems associated with the condition of the entrance:
- Lack of cleaning.
- Ladder malfunction.
- Broken glass.
- Lack of lighting.
- Peeling paint, etc.
You will find additional information on how to write an application to the Criminal Code for entrance repairs here.
Roof
The Decree on the operation of the housing stock contains a huge part numbered 4.6, which is entirely devoted to the maintenance and repair of roofs. Sub-clauses of this statutory regulation may support an application for repair. Find all the details about correctly writing an application to the management company about a roof leak in this material.
